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Multicultural Family Center Phase II Renovation
Copyright 2014 City of Dubuque Consent Items # 10. ITEM TITLE: Multicultural Family Center Phase II Renovation SUMMARY: City Manager recommending approval of the execution of a Professional Services Agreement between the City of Dubuque and Selser Schaefer Architects for design and construction administration services for the Multicultural Family Center — Phase II Renovation Project. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type ❑ Multicultural Family Center Phase II Renovation -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo E Contract Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi Dubuque band AI -America City r 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Multicultural Family Center - Phase II Renovation Design and Construction Administration Professional Services Agreement C I P #360-1976 DATE: October 15, 2014 Leisure Services Manager Marie Ware and Project Manager Steve Sampson Brown recommend City Council approval of the execution of a Professional Services Agreement between the City of Dubuque and Selser Schaefer Architects for approximately $113,150 for design and construction administration services for the Multicultural Family Center — Phase II Renovation Project. I concur with the recommendation and respectfully request Mayor and City Council approval. brilm4 i„, Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager Steve Sampson Brown, Project Manager Gus Psihoyos, City Engineer THE CITY OF DUB Masterpiece on the Mississippi Dubuque tiltd AII-Ametica City 11111 2007 • 2012 • 2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager Steve Sampson Brown, Project Manager SUBJECT: Multicultural Family Center — Phase II Renovation Design and Construction Administration Professional Services Agreement CIP # 360-1976 DATE: October 15, 2014 INTRODUCTION This memorandum is to seek your approval for the execution of a Professional Services Agreement between the City of Dubuque and Selser Schaefer Architects of Dubuque, Iowa for design and construction administration services for the Multicultural Family Center — Phase II Renovation Project. BACKGROUND As part of the City's Capital Improvement Program budget, funding has been programmed to make additional improvements to the Multicultural Family Center. Planned work includes full renovation of the second floor to create approximately six offices and 2-4 cubicles, a conference room, reception desk and waiting area, a unisex restroom and small kitchenette. The office would be used by the Human Rights Department, the MFC Director and Assistant Director. Additional work would include reconfiguration of the main entrance to the building, installation of an elevator to serve all levels, and expansion of the Targe conference room in the back of the building. Brick tuck pointing and other exterior maintenance work will be performed to ensure the building envelope remains weather tight. DISCUSSION On August 4, 2014 the City Council approved the recommendation for hiring Selser Schaefer Architects to provide design and construction administration services for this project. Since the August 4, 2014 City Council meeting new information has been received by the City's Budget Director Jenny Larson regarding the funding source for this project. The City's new financial advisor, Independent Public Advisors, LLC, reviewed the work Page 1 of 3 of the former bond advisor, Piper Jaffrey, and determined that the borrowing capacity Piper Jaffrey identified for the Downtown Urban Renewal District was greater than what was actually available. The impact of the State of Iowa property tax reform is also significant. The lower borrowing capacity has resulted in reprioritization of funding for some of the City's active capitol construction projects. The funds initially targeted for this project will now be held as additional contingency funding for the City's Intermodal Transportation Center Project and the Bus Storage Facility Project. Both of these two projects are tied to grant agreements with the Federal Transit Administration, and therefore must be funded and completed by the City. The reprioritization of funds will result in the design schedule for this project being delayed until at least July 2016. After bids have been received on the Bus Storage Facility Project, the City will have the ability to revisit funding sources to determine if funds are available to proceed with the design phase of the Multicultural Family Center — Phase II Project. The City - Selser Schaefer Architects Professional Service Agreement has been revised to indicate the new potential start date for the design phase. City Attorney Barry Lindahl has advised that the agreement allows the City to terminate the contract at any time "for the Owner's convenience and without cause." Thus if project funding is not available in July of 2016, the City would have the option to terminate the contract without incurring any additional costs. Once the design work is underway, it is anticipated that the timeframe for the architectural design phase will be four months with several phases of construction work to be completed over a nine month period. Selser Schaefer Architects will be expected to complete the scope of work within the specified timeframe, under the general direction and coordination of the City's Leisure Services and Engineering Departments as authorized by the City Council. RECOMMENDATION It is recommended that the City execute a professional services agreement with Selser Schaefer Architects for architectural design and construction administration services associated with the Multicultural Family Center — Phase II Renovation Project. BUDGET IMPACT Selser Schaefer Architects will provide the proposed services for a total cost of $113,150.00 which will be funded from the project will be funded from CIP 360-1976. ACTION TO BE TAKEN I respectfully request that you recommend the execution of the Professional Services Agreement between the City of Dubuque and Selser Schaefer Architects for approximately $113,150.00 for architectural and construction administration services. Page 2 of 3 Attachments cc: Gus Psihoyos, City Engineer Marie L. Ware, Leisure Services Manager Steve Sampson Brown, Project Manager Page 3 of 3 Document B101TM - 2007 Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the 25 day of August in the year 2014 (In words, indicate day, month and year.) BETWEEN the Architect's client identified as the Owner: (Name, legal status, address and other information) The City of Dubuque 50 West 13t1i Street Dubuque, IA 52001-4805 and the Architect: (Name, legal status, address and other information) Selser Schaefer Architects 240 West 2nd Street Dubuque, IA 52001 for the following Project: (Name, location and detailed description) Multicultural Family Center 1157 Central Avenue Dubuque, IA Renovation of the existing 15,000 square foot Multicultural Family Center located at 1 157 Central Avenue, Dubuque, IA. The renovation project will consist of remodeling the entry area and activity area on the first floor; complete demolition and renovation of the second floor for new office space including new building systems; and the required structural improvements in the basement for the installation of an elevator. The Owner and Architect agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. AIA Document B101"" — 2007 (formerly B151 T" —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECT'S BASIC SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND CONDITIONS 13 SCOPE OF THE AGREEMENT EXHIBIT A INITIAL INFORMATION ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Article 1 and in optional Exhibit A, Initial Information: Architect's Consultants retained under Basic Services: Structural Consultant Hooting Coyote LLC 1553 W Morley Rd Elizabeth, IL 61036 Mechanical/Electrical/Plumbing Consultant MEP Engineers 374 Bluff Street Dubuque, IA 52001 § 1.2 The Owner's anticipated dates for commencement of construction and Substantial Completion of the Work are set forth below: .1 Commencement of construction date: November 1, 2016 .2 Substantial Completion date: August 1, 2017 AIA Document B101 TM — 2007 formerly 8151 TM —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:29:52 on 10/15/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (1882274154) Init. § 1.3 The Owner and Architect may rely on the Initial Information. Both parties, however, recognize that such information may materially change and, in that event, the Owner and the Architect shall appropriately adjust the schedule, the Architect's services and the Architect's compensation. ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 2.1 The Architect shall provide the professional services as set forth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances. The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.4 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: .1 General Liability See attached Insurance Schedule C .2 Automobile Liability See attached Insurance Schedule C .3 Workers' Compensation See attached Insurance Schedule C .4 Professional Liability See attached Insurance Schedule C ARTICLE 3 SCOPE OF ARCHITECT'S BASIC SERVICES § 3.1 The Architect's Basic Services consist of those described in Article 3 and include usual and customary structural, mechanical, and electrical engineering services. Services not set forth in this Article 3 are Additional Services. § 3.1.1 The Architect shall manage the Architect's services, consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and report progress to the Owner. § 3.1.2 The Architect shall coordinate its services with those services provided by the Owner and the Owner's consultants. The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner and the Owner's consultants. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any error, omission or inconsistency in such services or information. § 3.1.3 As soon as practicable after the date of this Agreement, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services. The schedule initially shall include anticipated dates for the commencement of construction and for Substantial Completion of the Work as set forth in the Initial Information. The schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Once AIA Document B1011* — 2007 (formerly B15111' —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. approved by the Owner, time limits established by the schedule shall not, except for reasonable cause, be exceeded by the Architect or Owner. With the Owner's approval, the Architect shall adjust the schedule, if necessary, as the Project proceeds until the commencement of construction. § 3.1.4 The Architect shall not be responsible for an Owner's directive or substitution made without the Architect's approval. § 3.1.5 The Architect shall, at appropriate times, contact the governmental authorities required to approve the Construction Documents and the entities providing utility services to the Project. In designing the Project, the Architect shall respond to applicable design requirements imposed by such governmental authorities and by such entities providing utility services. § 3.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.2 SCHEMATIC DESIGN PHASE SERVICES § 3.2.1 The Architect shall review the program and other information furnished by the Owner, and shall review laws, codes, and regulations applicable to the Architect's services. § 3.2.2 The Architect shall prepare a preliminary evaluation of the Owner's program, schedule, budget for the Cost of the Work, Project site, and the proposed procurement or delivery method and other Initial Information, each in terms of the other, to ascertain the requirements of the Project. The Architect shall notify the Owner of (1) any inconsistencies discovered in the information, and (2) other information or consulting services that may be reasonably needed for the Project. § 3.2.3 The Architect shall present its preliminary evaluation to the Owner and shall discuss with the Owner alternative approaches to design and construction of the Project, including the feasibility of incorporating environmentally responsible design approaches. The Architect shall reach an understanding with the Owner regarding the requirements of the Project. § 3.2.4 Based on the Project's requirements agreed upon with the Owner, the Architect shall prepare and present for the Owner's approval a preliminary design illustrating the scale and relationship of the Project components. § 3.2.5 Based on the Owner's approval of the preliminary design, the Architect shall prepare Schematic Design Documents for the Owner's approval. The Schematic Design Documents shall consist of drawings and other documents including a site plan, if appropriate, and preliminary building plans, sections and elevations; and may include some combination of study models, perspective sketches, or digital modeling. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 3.2.5.1 The Architect shall consider environmentally responsible design alternatives, such as material choices and building orientation, together with other considerations based on program and aesthetics, in developing a design that is consistent with the Owner's program, schedule and budget for the Cost of the Work. The Owner may obtain other environmentally responsible design services under Article 4. § 3.2.5.2 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program and aesthetics, in developing a design for the Project that is consistent with the Owner's program, schedule and budget for the Cost of the Work. § 3.2.6 The Architect shall submit to the Owner an estimate of the Cost of the Work prepared in accordance with Section 6.3. § 3.2.7 The Architect shall submit the Schematic Design Documents to the Owner, and request the Owner's approval. § 3.3 DESIGN DEVELOPMENT PHASE SERVICES § 3.3.1 Based on the Owner's approval of the Schematic Design Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Design Development Documents for the Owner's approval. The Design Development Documents shall illustrate and describe AIA Document B101*" — 2007formerly B151' — 1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No,2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. the development of the approved Schematic Design Documents and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, and such other elements as may be appropriate. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. § 3.3.2 The Architect shall update the estimate of the Cost of the Work. § 3.3.3 The Architect shall submit the Design Development Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, and request the Owner's approval. § 3.4 CONSTRUCTION DOCUMENTS PHASE SERVICES § 3.4.1 Based on the Owner's approval of the Design Development Documents, and on the Owner's authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of Drawings and Specifications setting forth m detail the quality levels of materials and systems and other requirements for the construction of the Work. The Owner and Architect acknowledge that in order to construct the Work the Contractor will provide additional information, including Shop Drawings, Product Data, Samples and other similar submittals, which the Architect shall review in accordance with Section 3.6.4. § 3.4.2 The Architect shall incorporate into the Construction Documents the design requirements of governmental authorities having jurisdiction over the Project. § 3.4.3 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of (1) bidding and procurement information that describes the time, place and conditions of bidding, including bidding or proposal forms; (2) the form of agreement between the Owner and Contractor; and (3) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The Architect shall also compile a project manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. § 3.4.4 The Architect shall update the estimate for the Cost of the Work. § 3.4.5 The Architect shall submit the Construction Documents to the Owner, advise the Owner of any adjustments to the estimate of the Cost of the Work, take any action required under Section 6.5, and request the Owner's approval. § 3.5 BIDDING OR NEGOTIATION PHASE SERVICES § 3.5.1 GENERAL The Architect shall assist the Owner in establishing a list of prospective contractors. Following the Owner's approval of the Construction Documents, the Architect shall assist the Owner in (1) obtaining either competitive bids or negotiated proposals; (2) confirming responsiveness of bids or proposals; (3) determining the successful bid or proposal, if any; and, (4) awarding and preparing contracts for construction. § 3.5.2 COMPETITIVE BIDDING § 3.5.2.1 Bidding Documents shall consist of bidding requirements and proposed Contract Documents. § 3.5.2.2 The Architect shall assist the Owner in bidding the Project by .1 procuring the reproduction of Bidding Documents for distribution to prospective bidders; .2 distributing the Bidding Documents to prospective bidders, requesting their return upon completion of the bidding process, and maintaining a log of distribution and retrieval and of the amounts of deposits, if any, received from and returned to prospective bidders; .3 organizing and conducting a pre-bid conference for prospective bidders; .4 preparing responses to questions from prospective bidders and providing clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda; and .5 organizing and conducting the opening of the bids, and subsequently documenting and distributing the bidding results, as directed by the Owner. AIA Document B101711— 2007formerly B151 TM - 1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of This AIA`` Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. § 3.5.2.3 The Architect shall consider requests for substitutions, if the Bidding Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 3.5.3 NEGOTIATED PROPOSALS § 3.5.3.1 Proposal Documents shall consist of proposal requirements and proposed Contract Documents. § 3.5.3.2 The Architect shall assist the Owner in obtaining proposals by .1 procuring the reproduction of Proposal Documents for distribution to prospective contractors, and requesting their return upon completion of the negotiation process; .2 organizing and participating in selection interviews with prospective contractors; and .3 participating in negotiations with prospective contractors, and subsequently preparing a summary report of the negotiation results, as directed by the Owner. § 3.5.3.3 The Architect shall consider requests for substitutions, if the Proposal Documents permit substitutions, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 3.6 CONSTRUCTION PHASE SERVICES § 3.6.1 GENERAL § 3.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in AIA Document A201TM-2007, General Conditions of the Contract for Construction. If the Owner and Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under this Agreement unless the Owner and the Architect amend this Agreement. § 3.6.1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.6.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the fmal Certificate for Payment. § 3.6.2 EVALUATIONS OF THE WORK § 3.6.2.1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Work completed, and report to the Owner (1) known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.6.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.6.2.3 The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. AIA Document B1011m — 2007 (formerly B151", —1997). Copyright 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAE Document. or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No. 2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) § 3.6.2.4 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions rendered in good faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.6.2.5 Unless the Owner and Contractor designate another person to serve as an Initial Decision Maker, as that term is defined in AIA Document A201-2007, the Architect shall render initial decisions on Claims between the Owner and Contractor as provided in the Contract Documents. § 3,6.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.6.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 3.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (l) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 3.6.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3.6.4 SUBMITTALS § 3.6.4.1 The Architect shall review the Contractor's submittal schedule and shall not unreasonably delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.6.4.2 In accordance with the Architect -approved submittal schedule, the Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.6.4.3 If the Contract Documents specifically require the Contractor to provide professional design services or certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor that bear such professional's seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.6.4.4 Subject to the provisions of Section 4.3, the Architect shall review and respond to requests for information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests init.AIA Document 8101 TM' - 2007 (formerly B151 TM - 1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document. or any portion of it, may result In severe civil and criminal penalties, arid will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.6.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.6.5 CHANGES IN THE WORK § 3.6.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in the Contract Sum or an extension of the Contract Time. Subject to the provisions of Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.6.5.2 The Architect shall maintain records relative to changes in the Work. § 3.6.6 PROJECT COMPLETION § 3.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor; and issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 3.6.6.2 The Architect's inspections shall be conducted with the Owner to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount to be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.6.6.4 The Architect shall forward to the Owner the following information received from the Contractor: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required of the Contractor under the Contract Documents. § 3.6.6.5 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall, without additional compensation, conduct a meeting with the Owner to review the facility operations and performance. ARTICLE 4 ADDITIONAL SERVICES § 4.1 Additional Services listed below are not included in Basic Services but may be required for the Project. The Architect shall provide the listed Additional Services only if specifically designated in the table below as the Architect's responsibility, and the Owner shall compensate the Architect as provided in Section 11.2. (Designate the Additional Services the Architect shall provide in the second column of the table below. In the third column indicate whether the service description is located in Section 4.2 or in an attached exhibit. If in an exhibit, idents the exhibit.) Additional Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or in an exhibit attached to this document and identified below) § 4.1.1 Programming Not Provided § 4.1.2 Multiple preliminary designs Not Provided § 4.1.3 Measured drawings Architect Part of Basic Services fee. Refer to Section 4.2.1 for scope of work. AIA Document B101 TM — 2007 formerly B151 TM —1997). Copyright ®1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rlgh s reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA''' Document. or any portion of it, may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under tl,e law This document was produced by AIA software at 16:11:32 on 09109/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. § 4.1.4 Existing facilities surveys Architect Part of Basic Services fee. Refer to Section 4.2.2 for scope of work § 4.1.5 Site Evaluation and Planning (B203TM-2007) Not Provided § 4.1.6 Building information modeling Not Provided § 4.1.7 Civil engineering Not Provided § 4.1.8 Landscape design Not Provided § 4.1.9 Architectural Interior Design (B252TM-2007) Not Provided § 4.1.10 Value Analysis (B204TM-2007) Not Provided § 4.1.11 Detailed cost estimating Not Provided § 4.1.12 On-site project representation Not Provided § 4.1.13 Conformed construction documents Not Provided § 4.1.14 As -Designed Record drawings Not Provided § 4.1.15 As -Constructed Record drawings Not Provided § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B2IOTM-2007) Not Provided § 4.1.18 Tenant -related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1.20 Telecommunications/data design Not Provided § 4.1.21 Security Evaluation and Planning (B206TM-2007) Not Provided § 4.1.22 Commissioning (B211TM-2007) Not Provided § 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEEDe Certification (B214TM-2007) Not Provided § 4.1.25 Fast-track design services Not Provided § 4.1.26 Historic Preservation (B205TM-2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design (B253TM-2007) Architect Part of Basic Services fee. Refer to Section 4.2.3 for scope of work 4.1.28 Exterior Design Study Architect Additional Service fee. Refer to Section 4.2.4 for scope of work § 4.2 insert a description of each Additional Service designated in Section 4.1 as the Architect's responsibility, if not further described in an exhibit attached to this document. 4.2.1 — Measured Drawings — The Architect will provide measured drawings of the existing facility to the extent to perform the scope of work for this project. 4.2.2 — Existing Facilities Survey — The Architect and Architect's consultants will perform a facility survey for the facility to perform the scope of work for this project including a structural evaluation and an evaluation of the HVAC systems. This includes the feasibility study for expanding the second floor to the west and thatching the first floor footprint. 4.2.3 — Furniture, Furnishing, Equipment Design — The Architect will select the material, color and fabric for the new office furniture to be located on the second floor. This is anticipated to be 6 offices, 4 open work stations, conference room furniture and lobby furniture. 4.2.4 — Exterior Design Study — Develop one concept to renovate the East facade, front sidewalk and building signage. The final deliverable will be an exterior rendering and cost opinion. Compensation for this additional service will be a fixed fee in the amount of $6,000.00. § 4.3 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3 and an appropriate adjustment in the Architect's schedule. AIA Document B101T" — 2007 (formerly B151 T" -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA` Document, or any portion of it. may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. § 4,3.1 Upon recognizing the need to perform the following Additional Services, the Architect shall notify the Owner with reasonable promptness and explain the facts and circumstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procurement or delivery method; .2 Services necessitated by the Owner's request for extensive environmentally responsible design alternatives, such as unique system designs, in-depth material research, energy modeling, or LEEDS certification; .3 Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .4 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner or the Owner's consultants or contractors; .5 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .6 Preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; .7 Preparation for, and attendance at, a public presentation, meeting or hearing; .8 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .9 Evaluation of the qualifications of bidders or persons providing proposals; .10 Consultation concerning replacement of Work resulting from fire or other cause during construction; or .11 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shall give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims as the Initial Decision Maker; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom; or .6 To the extent the Architect's Basic Services are affected, providing Construction Phase Services 60 days after (1) the date of Substantial Completion of the Work or (2) the anticipated date of Substantial Completion identified in Initial Information, whichever is earlier. § 4.3.3 The Architect shall provide Construction Phase Services exceeding the limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor (Paragraph deleted) .3 One ( 1 ) inspection per phase for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 One ( 1 ) inspection per phase for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within fourteen (14 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall he compensated as Additional Services. AIA Document B101,', — 2007 iformerfy 8151 r" —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015. and is not for resale. User Notes: (845630036) Init. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 Unless otherwise provided for under this Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. § 5.2 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and, (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project's scope and quality. § 5.3 The Owner shall identify a representative authorized to act on the Owner's behalf with respect to the Project. The Owner shall render decisions and approve the Architect's submittals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 5.5 The Owner shall furnish services of geotechnical engineers, which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, seismic evaluation, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 5.6 The Owner shall coordinate the services of its own consultants with those services provided by the Architect. Upon the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in this Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services and demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance as appropriate to the services provided. § 5.7 The Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.8 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.9 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.10 Except as otherwise provided in this Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.11 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth in this Agreement. The Owner shall provide the Architect a copy of the executed agreement between the Owner and Contractor, including the General Conditions of the Contract for Construction. AIA Document B101 "' - 2007 (formerly B151"' —1997). Copyright m 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This NA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIRF Document, or any portion of IL may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law, This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. § 5.12 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of this Agreement, the Cost of the Work shall be the total cost to the Owner to construct all elements of the Project designed or specified by the Architect and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. § 6.2 The Owner's budget for the Cost of the Work is provided in Initial Information, and may be adjusted throughout the Project as required under Sections 5.2, 6.4 and 6.5. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect, represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 In preparing estimates of the Cost of Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the program and scope of the Project; and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work_ The Architect's estimate of the Cost of the Work shall be based on current area, volume or similar conceptual estimating techniques. lithe Owner requests detailed cost estimating services, the Architect shall provide such services as an Additional Service under Article 4. § 6.4 lithe Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market. § 6.5 If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget for the Cost of the Work, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 lithe Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 9.5; .4 in consultation with the Architect, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or .5 implement any other mutually acceptable alternative. § 6.7 lithe Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify the Construction Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Construction Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 COPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. Ifthe Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. AIA Document 8101". — 2007formerly B151"" —1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of • this AIA' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015. and is not for resale. User Notes: (845630036) Init. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including the Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub -subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases the Architect and Architect's consultant(s) from all claims and causes of action arising from such uses. The Owner, to the extent permitted by law, further agrees to indemnify and hold harmless the Architect and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except for the licenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8.1 GENERAL § 8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the method of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims and causes of action not commenced in accordance with this Section 8.1.1. (Paragraph deleted) § 8.1.3 The Architect and Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 8.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by binding dispute resolution. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration AIA Document B101 T" - 2007 (formerly B151 T" -1997). Copyright ® 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA4 Document, or any portion of it, may result In severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 8.2.4 If the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be the following: (Check the appropriate box. If the Owner and Architect do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, the dispute will be resolved in a court of competent jurisdiction.) [ X J Arbitration pursuant to Section 8.3 of this Agreement [ 1 Litigation in a court of competent jurisdiction [ ] Other (Specify) § 8.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Construction Industry Arbitration Rules in effect on the date of this Agreement. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. (Paragraphs deleted) ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. AIA Document B10110 — 2007 (,formerly B1517" — 1997). Copyright t 1974. 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights IA` reserved. WARNING: This ADocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. § 9.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Termination Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 10 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Iowa Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201-2007, General Conditions of the Contract for Construction. § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume the Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent with this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless otherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. AIA Document B101,1" — 2007formerly B151 ^" - 1997). Copyright Q 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. § 10.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. 10.9 INDEMNIFICATION To the fullest extent permitted by law, Architect shall indemnify and hold harmless the City, its officers, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property including Toss of use resulting therefrom, but only to the extent caused by negligent acts or omissions of the Architect, Architect's subconsultant, or anyone directly or indirectly employed by Architect or Architect's subconsultant or anyone for whose acts Architect or Architect's subconsultant may be liable, provided that Architect shall not indemnify for or have legal liability for damage, loss or expense to the extent caused by a party indemnified hereunder or a person for whom Architect is not legally liable. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Basic Services described under Article 3, the Owner shall compensate the Architect as follows: Compensation for Basic Services will be a fixed fee in the amount of Ninety Nine Thousand Six Hundred Fifty Dollars ($99,650.00) and will be billed in the following phases: Phase 100 Project Management Phase 200 Predesign Phase 300 Design Phase Phase 400 Construction Phase Phase 500 Quality Assurance/Quality Control $15,000.00 $8,000.00 $42,150.00 $27,500.00 $7,000.00 § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: Exterior Design Study 56,000.00 § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (Paragraph deleted) If additional services are necessary and a scope of work can be clearly defined, a fixed fee will be submitted for approval. In the event a scope of work is undefined, following Owner approval, the work will be billed on an hourly basis only upon Owner's written authorization to proceed with each occurance. Current hourly rates, at time of execution of this Agreement, are listed in Article 11.7. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent ( 10 %), or as otherwise stated below: (Table deleted) (Paragraph deleted) § 11.6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the Cost of the Work for such portions of the Project. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. AIA Document B101 TM — 2007 (formerly B151174 —1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe' Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Init. Selser Schaefer Architects Principal Architect Associate Principal Project Manager Project Designer Contract Administrator Hooting Coyote LLC Principal Project Engineer Graduate Engineer CAD $175.00 $165.00 $165.00 $150.00 $150.00 5175.00 S124.00 5105.00 575.00 Interior Designer Architect 11I / Designer III Architect II / Designer II Architect I / Designer 1 Administrative $130.00 $140.00 $130.00 $110.00 $70.00 MEP Engineers Principal Engineer $95.00 Engineer/Designer I $95.00 (Table deleted) § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.8.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: .1 Transportation and authorized out-of-town travel and subsistence; .2 Long distance services, dedicated data and communication services, teleconferences, Project Web sites, and extranets; .3 Fees paid for securing approval of authorities having jurisdiction over the Project; .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; .6 Expense of overtime work requiring higher than regular rates, if authorized in advance by the Owner; .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant's expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; .9 All taxes levied on professional services and on reimbursable expenses; .10 Site office expenses; and .11 Other similar Project -related expenditures. § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent (10 %) of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner terminates the Architect for its convenience under Section 9.5, or the Architect terminates this Agreement under Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: § 11.10 PAYMENTS TO THE ARCHITECT § 11.10.1 An initial payment of zero ($0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 1.5 % monthly AIA Document 13101"" - 2007 !formerly 13151n" - 1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) 17 (nit. § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a penalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11,10.4 Records of Reimbursable Expenses. expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times, ARTICLE 12 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Agreement are as follows: ARTICLE 13 SCOPE OF THE. AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written. instrument signed by both Owner and Architect § 13.2 This Agreement is comprised of the following documents listed below: .1 AIA Document B101"4-2007, Standard Fonn Agetment Between Owner and Architect 3 Other documents: (List other documents, tfany, ittelacling Exhibit A, Initial Infimitation, am( additional scopes give lee, if any. jin7ning part of the Agreement.) Exhibit A Work Breakdown Structure insurance Schedule C This Agreemententered into as of the day and year first written above. OWNER ARCHITECT (Signature) Roy D. Buol, Mayor (Printed name and title) (Signature) Andrew McCready, AlA (Printed name and title) AIA Document 8101 — 2007 (formerly 8151'14 •-•. 1497). Copyright 0 974. t973, 1907, 1997 and 2007 by The American Institute ofArchitects. All rights reserved. WG- ARNINThis 414 Doc tinntor is Jeutecte0 ay :-..0(JVcitet c.,AW aria iriternatlenal TreU aties n*cithorized reproduction r riottithwivit 41A' Document, or aily pariaan 31 it laro 4-1,4N01 .,:mmin al aepattioe and will be prusecuteelltd ¢ne rflaARIrgic•IdeSeet paee$bla imaa, Etiy., This document was produced by AIA software at 10:16 50 on 09/09/2014 under Order No.2929435675_1 which expires on 03/1112015, and is not for resale, User Notes: (1882663754) Multicultural Family Center Work Breakdown Structure City of Dubuque, Iowa 25 -Aug -2014 Exhibit A Element Overall Contract Sub Total Amount Cost This Invoice Total Cost to Date % Complete 100 Project Management Project Management $4,000 $100 $100 2.5 Project Kickoff Meeting $1,000 $100 $100 10.0 Work Breakdown Structure (Bi -Monthly Updates) $2,500 $100 $100 4.0 Progress Meetings (Bi -Monthly Updates) $2,500 $100 $100 4.0 Project Schedule (Bi -Monthly Updates) $2,500 $100 $100 4.0 Total Project Cost Budget (Monthly Updates) $2,500 $100 $100 4.0 Totals: $15,000 $600 $600 4.0 200 Predesign Design Kickoff meeting/Update conceptual floor plan $3,500 $100 $100 2.9 Second Floor Feasibility Study $4,500 5100 $100 2.2 Totals: $8,000 $200 $200 2.5 300 Design Phase Schematic Design $7,000 $100 $100 1.4 Design Development - Coordination/Research $3,500 $100 $100 2,9 Design Development - Documents 57,000 $100 $100 1.4 Construction Documents - Coordination/Research $3,500 $100 $100 2.9 Construction Documents - 90% Review Package $7,000 $100 $100 1.4 Construction Documents - Final Package 54,000 $100 $100 2.5 Meetings $5,800 5100 $100 1.7 3D Model Updates $2,350 $100 $100 4.3 Energy Efficiency Evaluation $2,000 $100 $100 5.0 Totals: $42,150 $900 $900 2.1 400 Construction Phase Bidding Assistance $3,000 $100 5100 3.3 Construction Administration - Office Phase 1,11,111 $8,000 $100 $100 1.3 Construction Administration - Site Visits - Phase 1811 $4,500 $100 $100 2.2 Construction Administration - Site Visits - Phase III $8,000 $100 $100 1.3 Submittal review - Phase 1,11,111 $4,000 $100 $100 2.5 Totals: $27,500 5500 $500 1.8 500 Quality Assurance/Quality Control Document Review 53,500 $100 $100 2.9 Meetings $3,500 5100 $100 2.9 Totals: $7,000 $200 $200 2.9 600 Reimbursables Reimbursables $7,500 $100 $100 1.3 Totals: $7,500 $100 $100 1.3 700 Exterior Design Study $6,000 $100 5100 1.7 Totals: $6,000 $100 $100 1.7 Totals $105,650 1 $2,400 $2,400 2.3 City of Dubuque Insurance Requirements for Professional Services Insurance Schedule C Selser Schaefer 1. Architects shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to commencing work and at the end of the project if the term of work is longer than 60 days. Providers presenting annual certificates shall present a Certificate at the end of each project with the final billing. Each Certificate shall be prepared on the most current ACORD form approved by the Iowa Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. :.. ec..e.J ..al. C..I,;L:t I. 6. All required endorsements to various policies shall be attached to Certificate of insurance. 7. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 8. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 9. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 3 Schedule C, Professional Services October 2013.Doc Insurance Schedule C (continued) Exhibit 1 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products -Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Fire Damage Limit (any one occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 a) Coverage shall be written on an occurrence, nos claims made, form. All deviations from the standard 150 commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit" or CG 25 03 "Designated Construction Project (s) General Aggregate Limit" as appropriate. c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity, (Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2026. B) AUTOMOBILE LIABILITY $1,000,000 (Combined Single Limit) C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident Each Employee -Disease Policy Limit -Disease $100,000 $100,000 $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque, Coverage B limits shall be greater if required by Umbrella Carrier. D) UMBRELLA LIABILITY $1,000,000 Umbrella liability coverage must be at least following form with the underlying policies included herein. E) PROFESSIONAL LIABILITY $2,000,000 Page 27 of 30 Additions and Deletions Report for AIA Document B101 TM — 2007 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 16:11:32 on 09/09/2014. PAGE 1 AGREEMENT made as of the 25 day of August in the year 2014 The City of Dubuque 50 West 13th Street Dubuque, IA 52001-4805 ONO Selser Schaefer Architects 240 West 2"d Street Dubuque, IA 52001 Multicultural Family Center 1157 Central Avenue Dubuque, IA Renovation of the existing 15,000 square foot Multicultural Family Center located at 1157 Central Avenue, Dubuque, IA. The renovation project will consist of remodeling the entry area and activity area on the first floor; complete demolition and renovation of the second floor for new office space including new building systems; and the required structural improvements in the basement for the installation of an elevator. PAGE 2 Architect's Consultants retained under Basic Services: Structural Consultant Hooting Coyote LLC 1553 W Morley Rd Elizabeth IL 61036 Mechanical/Electrical/Plumbin2 Consultant MEP Engineers 374 Bluff Street Dubuque, IA 52001 Additions and Deletions Report for AIA Document 13101T° — 2007 (formerly B151 TM - 1997). Copyright © 1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) February 1, 2015 November 20, 2015 PAGE 3 Agfeeineatri-f-any4 See attached Insurance Schedule C See attached Insurance Schedule C See attached Insurance Schedule C See attached Insurance Schedule C PAGE 8 § 4.1.1 Programming Not Provided § 4.1.2 Multiple preliminary designs Not Provided § 4.1.3 Measured drawings Architect Part of Basic Services fee. Refer to Section 4.2.1 for scope of work. § 4.1.4 Existing facilities surveys Architect Part of Basic Services fee. Refer to Section 4.2.2 for scope of work § 4.1.5 Site Evaluation and Planning (B203TM-2007) Not Provided § 4.1.6 Building information modeling Not Provided § 4.1.7 Civil engineering Not Provided § 4.1.8 Landscape design Not Provided § 4.1.9 Architectural Interior Design (B252TM-2007) Not Provided § 4.1.10 Value Analysis (B204TM-2007) Not Provided § 4.1.11 Detailed cost estimating Not Provided § 4.1.12 On-site project representation Not Provided § 4.1.13 Conformed construction documents Not Provided § 4.1.14 As -Designed Record drawings Not Provided § 4.1.15 As -Constructed Record drawings Not Provided § 4.1.16 Post occupancy evaluation Not Provided § 4.1.17 Facility Support Services (B210TM-2007) Not Provided § 4.1.18 Tenant -related services Not Provided § 4.1.19 Coordination of Owner's consultants Not Provided § 4.1.20 Telecommunications/data design Not Provided § 4.1.21 Security Evaluation and Planning (B206TM-2007) Not Provided Additions and Deletions Report for AIA Document 8101 TM — 2007 (formerly B151 TM -1997). Copyright ©1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA` Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) § 4.1.22 Commissioning (B21 ITM-2007) Not Provided § 4.1.23 Extensive environmentally responsible design Not Provided § 4.1.24 LEED(' Certification (B214TM-2007) Not Provided § 4.1.25 Fast-track design services Not Provided § 4.1.26 Historic Preservation (B205TM-2007) Not Provided § 4.1.27 Furniture, Furnishings, and Equipment Design (B253TM-2007) Architect Part of Basic Services fee. Refer to Section 4.2.3 for scope of work 4.1.28 Exterior Design Study Architect Additional Service fee. Refer to Section 4.2.4 for scope of work PAGE 9 4.2.1 — Measured Drawings — The Architect will provide measured drawings of the existing facility to the extent to perform the scope of work for thisproject. 4.2.2 — Existing Facilities Survey — The Architect and Architect's consultants will perform a facility survey for the facility to perforin the scope of work for this project including a structural evaluation and an evaluation of the HVAC systems. This includes the feasibility study for expanding the second floor to the west and snatching the first floor footprint. 4.2.3 — Furniture, Furnishing, Equipment Design — The Architect will select the material, color and fabric for the new office furniture to be located on the second floor. This is anticipated to be 6 offices, 4 open work stations, conference room furniture and lobby furniture. 4.2.4 — Exterior Design Study — Develop one concept to renovate the East facade, front sidewalk and building signage. The final deliverable will be an exterior rendering and cost opinion. Compensation for this additional service will be a fixed fee in the amount of 56,000.00. PAGE 10 .1 Two ( 2 ) reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 ( ) visits to the site by the Architect over the duration of the Project during construction .3 ( ) inspections .3 One ( 1 ) inspection per phase for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents .4 ( ) inspections One ( 1 ) inspection per phase for any portion of the Work to determine final completion § 4.3.4 If the services covered by this Agreement have not been completed within fourteen (14 ) months of the date of this Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as Additional Services. PAGE 13 PAGE 14 [KJ Arbitration pursuant to Section 8.3 of this Agreement Additions and Deletions Report for AIA Document B101" — 2007 (formerly B151" —1997). Copyright ©1974, 1978, 1987. 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) PAGE 15 § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as the method of binding dispute resolution, the Federal Iowa Arbitration Act shall govern Section 8.3. PAGE 16 10.9 INDEMNIFICATION To the fullest extent permitted by law, Architect shall indemnify and hold harmless the City, its officers, agents, and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction ofproperty including loss of use resulting therefrom, but only to the extent caused by negligent acts or omissions of the Architect, Architect's subconsultant, or anyone directly or indirectly employed by Architect or Architect's subconsultant or anyone for whose acts Architect or Architect's subconsultant may be liable, provided that Architect shall not indemnify for or have legal liability for damage, loss or expense to the extent caused by a party indemnified hereunder or a person for whom Architect is not legally liable. Compensation for Basic Services will be a fixed fee in the amount of Ninety Nine Thousand Six Hundred Fifty Dollars ($99,650.00) and will be billed in the following phases: Phase 100 Project Management Phase 200 Predesign Phase 300 Design Phase Phase 400 Construction Phase Phase 500 Quality Assurance/Quality Control $15,000.00 $8,000.00 $42,150.00 $27,500.00 $7,000.00 Exterior Design Study $6,000.00 Additions and Deletions Report for AIA Document 8101 TM - 2007 (formerly B151 TM -1997). Copyright © 1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA° Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) If additional services are necessary and a scope of work can be clearly defined, a fixed fee will be submitted for approval. In the event a scope of work is undefined, following Owner approval, the work will be billed on an hourly basis only upon Owner's written authorization to proceed with each occurance. Current hourly rates, at time of execution of this Agreement, are listed in Article 11.7. § 11.4 Compensation for Additional Services of the Architect's consultants when not included in Section 11.2 or 11.3, shall be the amount invoiced to the Architect plus ten percent (10 %), or as otherwise stated below: Phase Bidding or Negotiation Phrase percent ( percent -( pereeftt--( fter-ev"t 11( �T percent ( Selser Schaefer Architects Principal Architect Associate Principal Project Manager Project Designer Contract Administrator $175.00 $165.00 $165.00 $150.00 $150.00 Interior Designer Architect III / Designer III Architect II / Designer II Architect I / Designer I Administrative $130.00 $140.00 $130.00 $110.00 $70.00 Hooting Coyote LLC Principal Project Engineer Graduate Engineer CAD MEP Engineers Principal Engineer Engineer/Designer I Employee -Of -Category PAGE 17 $175.00 $124.00 $105.00 $75.00 $95.00 $95.00 Rate 4-00 °4) § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants plus ten percent (10 %) of the expenses incurred. Additions and Deletions Report for AIA Document 8101 T" - 2007 (formerly B151", —1997). Copyright ©1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) § 11.10.1 An initial payment of($ ) zero ($0.00) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the final invoice. § 11.10.2 Unless otherwise agreed, payments for services shall be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty (30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. 1.5 % monthly PAGE 18 .2 AIA Document E201TM 2007, Digital Data Protocol Exhibit, if completed, or the following: Exhibit A Work Breakdown Structure Andrew McCready, AIA Additions and Deletions Report for AIA Document B101 TM - 2007 (formerly B151 TM -1997). Copyright ®1974, 1978, 1987, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA'" Document is protected by U.S, Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036) Certification of Document's Authenticity AIA® Document D401 TM — 2003 I, Andrew McCready, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 16:11:32 on 09/09/2014 under Order No. 2929435675_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AlA; Document B10 tT"' — 2007, Standard Form of Agreement Between Owner and Architect, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. 1 (Signed) Ai4 (lisle) (Dated) 9//7201 N AIA Document D401ri" — 2003. Copyright CD 1992 and 2003 by The American Institute of Architects. Alt rights reserved. WARNING. This AIA" Document protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it. may result in severe civil and criminal penalties. and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 16:11:32 on 09/09/2014 under Order No.2929435675_1 which expires on 03/11/2015, and is not for resale. User Notes: (845630036)